NOTICE TO ALL USERS
This license agreement (“License Agreement”) pertains to the use of Roofgraf (as defined below), Software (as defined below), and Systems, and only provides a right - on the terms and conditions set out in this License Agreement - for a single user to access and use the Software. In this License Agreement, "use" or "using" means to access or otherwise benefit from using, the functionality of the Software.
This License Agreement is a legal agreement between you, together with any entity you are representing (collectively, "you"), and Roofgraf ("Roofgraf", “we,” “us,” or “our”).
BY ENTERING INTO THIS LICENSE AGREEMENT YOU ARE AGREEING, ON YOUR OWN BEHALF AND ON BEHALF OF ANY LEGAL ENTITY THAT YOU REPRESENT, TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. TO THAT END, IN THIS LICENSE AGREEMENT, THE TERM “You” AND “Your” AND ALL SIMILAR WORDS REFER TO THE USER OF THE SOFTWARE AND THIS LICENSE AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY ON WHOSE BEHALF IT IS USED.
BY CONTINUING WITH THIS REGISTRATION, AND BY YOUR FIRST USE OR ACTIVATION OF ANY PORTION OR ALL OF THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT IN THEIR ENTIRETY AND AGREE TO BE LEGALLY BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MAY NOT USE THE SOFTWARE AND MUST IMMEDIATELY CEASE ANY SUCH USE.
For the purposes of this License Agreement, (a) “Services” mean any services provided to you by Roofgraf in connection with the utilization of the Software and Roofgraf Systems, and (b) “Licensee Data” means the data and information submitted or stored by you in respect of the Services, the Software and the Roofgraf Systems and shall constitute your confidential information.
By clicking on the “I Agree” button below or using the Software, as applicable, (1) you are acknowledging that you have read and understood this License Agreement, and agree to be bound by its terms and conditions, and (2) You represent that you are eighteen (18) years of age or older and, if you are representing an entity, you have all required authority and power to bind the entity to this Agreement.
TERMS FOR Roofgraf SOFTWARE & WEBSITE
1. Ownership of Roofgraf Systems
- You are accessing and/or activating software and associated materials, content, and documentation included therein or delivered therewith that have been created by, or on behalf of Roofgraf, its affiliates, or its licensors (collectively the “Software”) which is made available to you by, or on behalf of, Roofgraf and/or which will be used by you on the Roofgraf website (the “Website”) at Roofgraf.com or any mobile version of Our Website (together, "Site"), or Using any services provided through Our Sites such as sofdesk.com or mysolarinstaller.com (mentioned as “Services”). The Website is hosted on Roofgraf, or third party, computer systems (together with the Website, the “Roofgraf Systems”).
- The Roofgraf Site is a copyrighted work belonging to Roofgraf/Sofdesk Inc. We or Our suppliers exclusively own the information and content made available on or through the Site (other than information or content You provide) and the information and content in any communications Roofgraf sends You (collectively, "Site Content").
- The Software contains and/or embodies copyrighted material, trade secrets, inventions and/or other proprietary material and intellectual property of Roofgraf, its affiliates and/or its licensors. You acknowledge that the Software was developed, coordinated, arranged, compiled, prepared and maintained by Roofgraf or its licensors through the application of methods and standards of judgment used and developed through the expenditure of considerable work, time and money, and constitute valuable property and trade secrets of Roofgraf and its licensors. All title, intellectual property rights and ownership rights in the Software and the Roofgraf Systems (including any upgrades) remain with Roofgraf, its affiliates and its licensors, as applicable.
- Except as expressly provided by this License Agreement, no licenses or rights (including rights to maintenance or updates) are granted, expressly, or by implication, or estoppel or otherwise to You, and Roofgraf reserves all rights with respect to the Software and the Roofgraf Systems not expressly granted in this License Agreement.
- Roofgraf does not sell any rights in the Software, but rather grants to You the right to use the Software in accordance with the terms and conditions hereof.
2. Your Account
- To access or Use Our Services, You will be required to register and obtain an account on the Site. You will receive (or choose) a password upon completing the registration process.
- You are responsible for maintaining the confidentiality of your password, and all activities that occur under your account.
- You agree to (1) immediately notify us of any unauthorized Use of Your account or any other breach of security and (2) ensure that you fully exit from your account at the end of each session.
- We will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized Use of Your account.
3. Fees and Payment
- You shall pay the fees set forth for the Service purchased by you in accordance with the parameters you have selected. Unless otherwise stated, all fees are quoted in U.S. Dollars.
- Roofgraf may change its plans and the fees for its Services at any time.
- Sofdesk Inc. will bill your card on file and you agree to pay the non-refundable fee associated with the lead parameters selected, as applicable. You authorize us to charge your credit card listed in your account. You are required to keep your contact information, billing information and credit card information (where applicable) up to date, even if not currently using our services. All payment obligations are non-disputable and all amounts paid are non-refundable.
4. Limitation of Liability
In no event shall Roofgraf be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the site, site content, or services, including, without limitation, any damages resulting from lost Use, lost data, or lost profits, whether or not Roofgraf has been advised of the possibility of such damages, on any theory of liability.
5. Suspension and Termination of Service
- Suspension: At the discretion of Roofgraf and for any reason, Roofgraf may suspend your account by deactivating any access to any information or data contained on the Services or related to your account while maintaining such information and data on servers operated by or on behalf of Us.
- Termination: Cancellation requests are only processed once you have received written confirmation via email. Only a user with Account Owner permissions may submit a cancellation request for their account; Authorized Users are not permitted to request account cancellation. Cancellations will be processed within 5 business days of request. Your account and these terms and conditions are not considered terminated/cancelled until you receive a reply with a written confirmation via email, or a verbal confirmation on the phone. Cancellation requests sent through Agents via Live Chat, in person, or through other email addresses will not be processed. Sofdesk reserves the right to terminate any and all written agreements, including these terms and conditions at any time, as more fully described hereinbelow.
6. Changes to Terms
This Agreement is subject to occasional revision, and, these changes will be effective immediately for new, existing and former Users of the Site, Site Content, or Services. Continued Use of the Site, Site Content, or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should periodically visit this page to review any future change. If you object to any change, your sole recourse shall be to immediately cease Using the Site, Site Content, and Services, and to terminate your Agreement following the process outlined in the section 'Duration and Termination'.
Roofgraf reserves the right, at any time, to modify the Site, Site Content, or any part thereof or Services, or to modify, suspend, or discontinue the Site, Site Content, or Services, or any part thereof with or without notice. You agree that Roofgraf will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Site Content, or Services, or any part thereof.
8. Scope and Purpose of Disclaimer
This disclaimer document governs your use of our informational website. By using the Roofgraf Website Service and its subdirectories, you agree to, and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our Site, as that condition prohibits you from doing so. Sofdesk Inc. reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of Roofgraf Website Service. By using this site after changes have been made to this document, you agree to accept those changes, whether or not you have reviewed them.
- Rights to information published: All materials on this Site are protected by copyright and intellectual property laws and are the property of Sofdesk Inc. unless otherwise stated. You may only download materials located on the Roofgraf Website Service for commercial purposes where permission is given by Sofdesk Inc. or it's representatives. Downloading materials located on the Roofgraf Website Service for commercial purposes is otherwise forbidden. You may not reproduce this material on your personal website, blog, social network, or any other online resource. Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page located on the Roofgraf Website Service or its content aggregation systems becomes the property of Sofdesk Inc. Sofdesk Inc. reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content. This excludes lead information: any new lead information that was input by the user (in other words, leads not received through our lead service) cannot be sold to other Roofgraf users, and cannot be shared with any users outside of your account.
- Our Rights to Remove or Reproduce any User-Generated Material: For the purposes of condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to the Roofgraf Website Service via any method at any page on the Roofgraf Website Service or any other content communication or submission medium or forum. By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with the Roofgraf Website Service You agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it). You hereby confirm that Your contribution is Your own original work, is not defamatory and does not infringe upon any laws of the country from which You are utilizing this site, nor the laws of Canada or The United States of America, and that You have the full rights to accept this condition.
- Site content (quality, accuracy and use): Visitors who use this website and rely on any information do so at their own risk. This Web site and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found on the Roofgraf Website Service will not always be up to date and cannot necessarily be relied upon. The information may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person.).
- Restrictions on who can use the website: By visiting any page on the Roofgraf Website Service you understand that “adult” content may be encountered that is not suitable for children. You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from the Roofgraf Website Service, (which includes all content and code from any page hosted at or within the Roofgraf Website Service or any content or code relating to or from this site that was transmitted via email or other means). The Roofgraf Website Service (or its parent, Sofdesk Inc.) cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.
- External links (limiting liability for links to other web sites): We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
- The Actions and Opinions of Other Users: You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of The Roofgraf Website Service and its subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of The Roofgraf Website Service (or its parent, Sofdesk Inc.) We accept no responsibility for any loss or harm incurred from the use of this website or any of its information.
- Viruses, Damage and Availability: The Roofgraf Website Service (or its parent, Sofdesk Inc.) makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
- Legal jurisdiction: The Federal laws of Canada and the Provincial laws of Quebec shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.
- Limited Liability: The Roofgraf Website Service, (and its parent, Sofdesk Inc.) and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with Your use of any content, information, function, or service of the Roofgraf Website Service at any location or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence). Though we make a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website You agree that You will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until You have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way. In no event will Roofgraf be liable for any use or misuse of any of Your or any third party hardware operating systems, or equipment, monitoring or management of the servers on which the Software resides or the installation, where applicable, of the Software, or any of Your data (or that of any third party) or any unauthorized use or misuse of the Software. It is your responsibility to protect the foregoing hardware, operating system, equipment, and your data (and that of third parties).
- Indemnity: You agree to indemnify, defend and hold Roofgraf, its affiliates and customers, and their respective directors, officers, shareholders, employees, agents and representatives, successors and permitted assigns, harmless from and against any and all claims, suits, actions, proceedings, damages, costs, liabilities, losses, fines, penalties, and expenses (including reasonable legal fees) (collectively, “Losses”) resulting from: (a) allegations that the Licensee Data or Your products or services or their use infringe or misappropriate any intellectual property rights of a third party; (b) allegations that the Licensee Data or Your products or services contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party’s rights of privacy or publicity; (c) allegations arising from a claim by You relating to the provision of the Services; (d) any claim made by a third party with respect to, arising from, or alleged to result from, arise out of, or in connection with any breach of any representation, warranty or covenant or obligation set forth in this License Agreement by You the Customer; or (e) Your acts or omissions that are negligent, grossly negligent, reckless, or willful.
By using our services, you agree to our terms & conditions in respect to our company polices.
"Sofdesk": A company providing leads in the solar energy and roofing markets.
"Requester": An individual requesting roofing and/or guttering quotes through Sofdesk.
"Buyer": An individual and associated representatives/delegates entering into legal agreement with Sofdesk for the purchase of leads.
"Agreement": The legally binding contract between Sofdesk and the specified Buyer concerning the purchase of quotation requests (sales leads).
10. GENERAL AGREEMENT
Sofdesk agrees to:
- Disclose specified quotation requests to the Buyer within 24 hours of the Requester’s submission.
- Forward the names and addresses of relevant Requesters to the Buyer.
- Provide a personal account to the Buyer to track lead information, statistics and control budgets.
The Buyer agrees to:
- Contact customers once requested names and addresses have been received from Sofdesk. Excessive delays in customer contact may result in reduced business for the Buyer. Sofdesk will not be held responsible for any loss of potential business opportunities whatsoever.
The general conditions in regards to Sofdesk are an integral part of this agreement.
- The Buyer states that he has reviewed these conditions, and hereby agrees to their purpose and willingly enters into agreement with Sofdesk. Sofdesk reserves the right to modify or supplement these conditions at any time without change to the contract. Sofdesk is not responsible for any issues resulting from doing business with a Requester. By opening an account with Sofdesk, Buyer agrees to relieve Sofdesk from any responsibilities inside the Requester and Buyer’s relationship once the requester’s information has been dispatched.
11. PAYMENT AUTHORIZATION
The Buyer hereby authorizes Sofdesk to debit the amount due for the receipt of quotation requests every 1st, 10th and 20th of each month from the Credit Card listed in your account. ALL BILLING WILL COME AS SOFDESK INC.
Buyer’s sole remedy for claims or disputes is to submit any claims or disputes that they may have with respect to any transaction in writing to Sofdesk by email to firstname.lastname@example.org within five 5 days after the amount has been captured on the card listed in the buyer’s account; otherwise such claim or dispute will be waived and such charge will be final and not subject to dispute. Disputing a legitimate charge to an account will result in a $125 charge to the account of the disputer for each disputed charge to cover dispute processing expenses. If you need more information about a charge from SOFDESK, please contact us prior to disputing the charge as we will not reverse the charges incurred to you for a wrongful dispute.
12. CATEGORY SELECTION AND PRICING
12.1 For US & Canada
First Tier Leads: current prices based on the type of work are as follows:
Roof Repair or Maintenance: $22.5 for residential leads and $60 for commercial leads for a 40 miles/60km + radius.
Roofing (new): $27.5 for residential leads and $75 for commercial leads for a 40 miles/60km + radius.
Gutter Installation or Replacement: $17.5 for residential leads and $50 for commercial leads for a 40 miles/60km + radius.
Setting a radius under 40 miles/60km will increase the price by 1.5X.
Setting a radius under 20 miles/30km will increase the price by 2X.
All financial transactions may include a foreign transaction fee for companies located outside of North America and will use the daily exchange rate used by our Merchant on the date of the transaction.
Sofdesk will only absorb exchange rate fees for companies located outside of North America.
Discounts are applied in real time on your leads during the monthly cycle. i.e.: if you request a credit for a lead, and it is approved, your following lead(s) will have the discount applied to the lead price.
All discounts are applicable on the basic lead price. Discounts are not applied on the added costs for exclusive packages, features or small radius. Promotional free leads given on activation only apply to basic leads (radius above 40 miles for US, 100 km for Canada, and 60 km for UK clients – with highest competition level). For leads with lower competition, featured installer option activated, and/or a small radius, each free lead offered will be transformed into a discount of equal value for a basic lead in your area.
12.3 Billing Options
Monthly Budgets: leads will be sent to Buyer’s account until Buyer’s monthly budget is capped, i.e.: If your monthly budget is set at $1000 and your current bill is at $1000, the system will allow 1 more lead to be sent through. If your lead price is $35 ea., your monthly total would be $1035.
13. AREA SELECTION
These are the area selections made by you upon the initial listing of your Company with Sofdesk. Your specific selection may be modified at any time through your personal account.
14. RETURN POLICY
At Sofdesk, we understand that sometimes leads received may not be perfect. Our return policy works with you to make sure you don’t pay for a lead that:
- Is outside the designated listing area defined in your personal dashboard at the time the lead was received.
- Provided false or out of service telephone and email.
- Is a lead you’ve already received through Sofdesk.
- Is a student doing research for a school project.
- All credit requests will be reviewed if sent within 3 business days of lead reception.
The radius is measured as a straight line going from your selected area to the lead address. If you are not getting enough leads, you can consider increasing the radiuses in the region you would like to see more volume.
It is the responsibility of the Buyer to report any technical issue that is disrupting the Buyer’s service in any way. Leads provided to the Buyer may land outside of the Buyer’s selected radius by a maximum of 20%. Credit requests may not be processed inside that 20% threshold.
How to Return a Lead:
To return a lead, click on the lead in your Dashboard and click "Inquire" in the bottom left. This will forward the lead back to our accounting department.
- Choose one of the 4 reasons why your lead should be credited.
- Include a detailed description as to why you believe the lead is faulty.
- Credit requests must be submitted within 3 business days of receiving the lead in your dashboard.
- All approved credits will be processed within 5 business days of reception.
- All requests sent via email, agents, Live Chat or by phone are not processed.
- If a Buyer fills out a fake request form for any reason, the lead will be charged to the Buyer with no possibility of credit for this lead. A fake request is considered any request where the Requester has no interest in being contacted by their local companies to have them provide roofing services on the address the Requester provided on the request form.
15. GENERAL TERMS & CONDITIONS
Regions in the United States of America:
Your account will be billed according to the current lead prices stated in your account for the areas you selected, as well as your specific billing settings. Sofdesk reserves the right to review and change prices for sales leads at any time. Setting a radius under 40 miles will be 1.5 times the regular price of the lead. Setting a radius under 20 miles will be 2 times the regular price of the lead.
Regions in Canada:
Your account will be billed according to the current lead prices stated in your account for the areas you selected, as well as your specific billing settings. Sofdesk reserves the right to review and change prices for sales leads at any time. Setting a radius under 100 kilometers will be 1.5 times the regular price of the lead. Setting a radius under 50 kilometers will be 2 times the regular price of the lead.
Regions in the United Kingdom:
Your account will be billed according to the current lead prices stated in your account for the areas you selected, as well as your specific billing settings. Sofdesk reserves the right to review and change prices for sales leads at any time. Setting a radius under 60 kilometers will be 1.5 times the regular price of the lead. Setting a radius under 30 kilometers will be 2 times the regular price of the lead.
Reports are available on your dashboard in real time by clicking on the "Transactions" page in the menu at the top left of most pages. Sofdesk does not be sending monthly email receipts, or any information via mail.
Should your account remain in overdraft for more than 30 days, your account and any outstanding amount will be submitted to a third party debt collection agency. Debt collection fees plus a daily interest will be applied to the outstanding debt, and, will be payable to the collection agency. For this reason, it’s important to update card details or contact your bank the moment your cards on file are declined. When seeking credit/finance, any outstanding balance will need to be cleared and the Buyer will be required to contact the collection agency to receive the total balance owed. The moment the Buyer’s payment information is declined, the account will automatically freeze. Requests will not be processed until payment information has been updated and the balance cleared. If Buyer account gets frozen 3 times, Sofdesk can suspend Buyer from using its services indefinitely.
Changes to Company Details
Should your company’s contact details change (contact person, telephone number, registered or postal address, e-mail address, etc.) it is your responsibility to inform Sofdesk of these changes either through your personal dashboard or in writing (e-mail, fax, or registered mail required).
Duration and Termination
You may terminate this Agreement by speaking with an authorized Sofdesk Inc. representative at 1.888.997.1101. Only a user with the permission ‘Account owner’ can call to terminate this Agreement. To stop the lead volume immediately you must turn off the switch on your Settings page. You cannot request a termination of this Agreement by any other means, including via email or through our Live Chat.